Usage Terms and Disclaimers
This Website was is owned and hosted by Brick Interactive Corporation, 856 Springbrook Drive, San Ramon, CA 94582
AGREEMENT BETWEEN USER AND BRICK INTERACTIVE CORPORATION.
This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
ONLINE VEHICLE DATA, CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES
The information on the MotorTree ("Motortree.com") Website is being provided for educational purposes only. This Website is designed to enable users to obtain online automobile price and payment quotes from participating dealers and independent providers, NOT motortree.com. All quotes are estimates only and exclude state and local taxes, as well as any state and local governmental charges, including without limitation, registration, license and title fees, documentary fees, emissions certification fees and added accessories you choose to place on the vehicle. On occasion, unintentional, but material, errors may occur in the entry of condition, warranty, pricing and/or payment data that forms the basis of such quotes furnished through the Motortree.com Website. In such an event, Motortree.com will not honor such quotes. Motortree.com, in its sole discretion, will make the determination as to whether a quote is materially inaccurate as a result of unintentional data entry errors. KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE OR LEASE as a dealer is not prohibited from independently negotiating all of the terms and conditions of the final sale. Your acceptance of and execution of a contract for the purchase or lease of a vehicle and/or your purchase or lease of any vehicle on an "as-is" or "implied warranty only" basis or with any terms differing from those quoted to you on this Website will supersede any posted or referenced terms, conditions and/or warranties displayed on our Website and be legally binding upon you.
PRE-OWNED VEHICLE TERMS AND DISCLAIMERS
Pre-Owned Vehicle General Warranty Standards: NONE OF THE VEHICLES LISTED ARE OWNED BY MOTORTREE. MOTORTREE OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY VEHICLE. Vehicles displayed for sale on Motortree.com Used Cars section of the website may be sold with or without warranty from the selling dealer. UNLESS STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A VEHICLE ARE THAT OF THE SELLING DEALER AND NOT MOTORTREE. The Dealer is solely responsible for ensuring each vehicle meets minimal state and federal emissions and safety standards applicable for the model and year of vehicle prior to its sale.
Non-Certified Vehicle Standards: It is YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. A non-certified vehicle shall mean a dealer offered, retail quality, pre-owned vehicle that is offered without express warranty, refund or exchange options. Dealer may post any retail quality vehicle owned by the Dealer, regardless of model year or mileage. Dealer is responsible for disclosing prior rental and dealer demonstration history, frame damage, salvage history, stolen-recovery history, flood damage, and any material cosmetic or mechanical damage, defect or irregularity of the vehicle. Dealer, in its sole discretion, may offer a limited warranty for a vehicle(s) or in the alternative, offer a vehicle, without warranty, AS-IS.
Certified Vehicle Standards: It is YOUR RESPONSIBILITY TO READ THE VEHICLE DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR TO COMPLETING YOUR PURCHASE. A "certified" vehicle shall mean a dealer offered, retail quality, pre-owned vehicle that is offered with an express warranty and written return policy. The participating Dealer, NOT MotorTree, has inspected and certified the condition of the vehicle being offered. It is Dealer's sole responsibility to ensure that the vehicle meets all local state and federal emissions and safety standards applicable for the model and year of vehicle.
Certified Vehicle Limited Warranty Coverage: ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE VEHICLE YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE. The Dealer, NOT MotorTree has agreed to establish and offer a limited warranty ("warranty") for certified vehicles they advertise in the Used Auto Section of the website. All terms of the limited warranty are determined by the Dealer offering it, and not MotorTree. The warranty coverage is in addition to any implied warranties prescribed by the laws of the state in which Dealer is located.
Limited warranties generally do not cover cosmetic or other non-mechanical parts. Warranty coverage or exclusions are determined solely by the Dealer and should be set forth in warranty documentation provided to you separately or as printed on the Federal Trade Commission Used Vehicle Buyers Guide attached to the window of the pre-owned vehicle while on display. Dealer, NOT MotorTree is responsible for any claims arising under the provided warranty. Nothing in this section shall be interpreted as preventing Dealer from purchasing independent warranty coverage from a legitimate third party provider as long as the terms and conditions shall meet or exceed the minimum requirements set forth above.
Certified Vehicle Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE VEHICLE YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE. Except where expressly prohibited by law or negotiated between you and Dealer to the contrary..
VEHICLE AVAILABILITY AND PRICES
MOTORTREE DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions are conducted by and fulfilled through state licensed and franchised vehicle dealers. All vehicle descriptions and prices provided to you either on our website or via separate contact following your submission of a purchase request are made by the participating dealer possessing the desired vehicle and not by MotorTree. All vehicles prices and descriptions listed as available on our Website under the Motortree.com used Auto Section are established and electronically placed there by third party affiliates who owns the vehicle and not MotorTree. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF PUBLICATION ONLY. All data and information used in our research tools for configuring vehicles, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on MotorTree or the subscribing dealer. All tools appearing on this Website that allow for configuring vehicles with different options do so with such items that are typically available from the manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. MotorTree will attempt to fulfill your request through the inventories of participating dealers, subject to availability and final pricing from that dealership and not MotorTree. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of MotorTree and should be directed to the dealer or third party vendor responsible for providing the information.
We do not guarantee either expressly or by implication that we will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.
MotorTree is not responsible for statements made by others on web pages or websites not controlled by MotorTree. MotorTree is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through MotorTree's website. Your purchase request may have come to MotorTree from another website. MotorTree is not responsible for anything stated on those websites.
MotorTree reserves the right not to forward your purchase request to a dealer, automobile manufacturer or any other entity in its sole discretion. At its discretion, MotorTree will seek to forward your request to one or more dealers within MotorTree's network although MotorTree can not assure you that MotorTree will be able to match your request with a dealer in MotorTree's network of dealers. In addition, MotorTree may determine to send your request to only one dealer even if there is more than one dealer available to provide to you a response to your purchase request. MotorTree may be obligated to send your purchase request to a specific dealer on an exclusive basis. MotorTree may also forward your purchase request to an automobile manufacturer for use by that manufacturer. MotorTree may resell your purchase request to another Internet marketing services company. In certain circumstances MotorTree may not be able to match your purchase request to any dealer, manufacturer or alternative Internet marketing services company in which event you will probably not hear back from MotorTree or any one referred to you by MotorTree.
When you do hear back from a dealer or automobile manufacturer or any one else MotorTree may refer your purchase request to please remember that MotorTree is not responsible for anything they may say to you or any agreement you may enter into with them. MotorTree is not an automobile or truck broker and is not seeking in any way to arrange on your behalf a sale of an automobile or truck for you. That is up to you. The statements made by any such person to you or any agreement you reach with them are strictly between you and them and we disclaim all responsibility.
CREDIT EVALUATION
You are not required to apply for vehicle financing as a condition of your using this Website or any of the services offered hereon. Independent third party lenders and not MotorTree provide all vehicle-financing programs. If you choose to apply for financing through one of our affiliated-lending partners, you do so with this understanding. You will be asked to submit an application for credit and other documentation, as the lender deems necessary in order to facilitate the loan. Payment information provided to you on this Website is for educational purposes only and shall not be considered as final. Your actual payment will be based upon, among other things, the results of an independent credit evaluation, current prevailing interest rates, and the length and amount of the loan requested.
REBATES AND INCENTIVES
Information regarding rebates or incentives as they appear on this Website are provided to MotorTree from independent third party data providers and republished for educational benefit only. Though MotorTree uses reasonable efforts to ensure the accuracy of the information provided, such information is not intended to be a substitute for direct communication between you and the manufacturer or manufacturer's dealer/agent. Any regional and national cash incentives or rebates offered to consumers by the manufacturer are exclusively between you and the manufacturer or dealer and may affect the actual sale price of the vehicle. MotorTree does not participate in any such program and is not responsible for ensuring the incentive amount or your receipt of such benefits.
VEHICLE HOLD REQUIREMENTS, DEPOSITS AND SERVICE FEES
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE PURCHASE OR LEASE.
MotorTree does not charge a fee to consumers for our services *
Any deposit requirement is strictly negotiable between you and the dealer (NOT MOTORTREE). From time-to-time a vehicle dealer with whom you are negotiating for a purchase or lease may require a good faith monetary deposit as a good faith showing of your intent to purchase or lease a general make, model or type of vehicle and/or to hold a particular vehicle on your behalf.
Absent a specific agreement between you and the dealer, a dealer is not required to hold any vehicle off the market and is free to sell any vehicle at any time before you have executed a contract to purchase such vehicle. The act of submitting a purchase request through our Website does not place a hold on any specific vehicle in a dealer or manufacturer's inventory. A monetary deposit made by you to the dealer is not a guarantee that a specific vehicle will be available for you to purchase unless you and the dealer specifically agree to such term and the vehicle is clearly identified on a deposit receipt by the Vehicle Identification Number or Dealer Stock Number. It is your responsibility to confirm with the dealer that the vehicle will be held off the market until you can arrive at the dealership to complete the purchase and whether or not an additional deposit is necessary as a condition of the dealer holding the vehicle for you.
Whether your deposit is refundable or not is subject to your contractual agreement with the dealer and/or state law. You should not assume a deposit made by you towards the purchase or lease of a vehicle is fully refundable. Deposits made on special ordered vehicles may not be refundable in the event you ultimately do not complete the purchase or lease.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of MotorTree or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, MotorTree-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by MotorTree licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without MotorTree's express prior written consent.
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN MOTORTREE AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. MOTORTREE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. MOTORTREE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOTORTREE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MOTORTREE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTORTREE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to MotorTree that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to Websites operated by parties other than MotorTree. Such hyperlinks are provided for your reference only. MotorTree does not control such Websites, and is not responsible for their contents. MotorTree's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites.
MODIFICATION OF THESE TERMS AND DISCLAIMERS
MotorTree reserves the right to change the terms, conditions, and notices under which this Website is offered at any time without notice.
GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Alameda County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MotorTree as a result of this agreement or use of this Website. MotorTree's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MotorTree's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by MotorTree with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and MotorTree with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MotorTree with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Questions regarding the Usage Terms, Disclaimers and Privacy Policy can be sent to customercare@motortree.com
For the MotorTree Privacy Policy please click here.